THE PECULIARITY OF THE METHOD OF HISTORICAL AND LEGAL RESEARCH OF F. V. TARANOVSKY

In this article, the originality of the approach of F. V. Taranovsky to the study of state and legal phenomena is presented. Being a classical representative of the school of sociological positivism, the scientist preferred to consider the most important legal institutions from several sides. Two major legal institutions: the state and law in its research are inextricably linked. The system approach provides a comprehensive study and helps to avoid gaps in the study of Russian legal reality. Another feature of the works of F. V. Taranovskiy is the use of comparative jurisprudence. All historical monuments he studied through the prism of their predecessors. According to the scientist, the definition of borrowing the provisions of legal systems from each other makes it possible to predict the future legal climate. Comparative-historical method of research became leading in the positivist paradigm of studying the history of law, as well as the most effective method. The lawyer urged legal scientists to use this method more fully in their studies, regardless of the current they are referring to and to which scientific school they gravitate. The system of methodological research tools includes three groups of methods: general, general scientific (historical, formal-logical, systemic, hermeneutical, etc.) and specifically legal (formal legal, comparative legal, methods of state-legal extrapolation and reconstruction of legal phenomena of the past). The expected result of the research is the contribution to scientific and pedagogical activity. The main provisions of the publication can be used in preparation of the programs, training courses and textbooks on the disciplines of the professional cycle of the bachelor’s and master’s degrees in the specialty «Jurisprudence».

F. V. Taranovsky, sociological positivism, jurisprudence, the state, sociology, rationalism, comparative law, historical method, positive law, positivistic paradigm.

Goncharova E. A. The peculiarity of the method of historical and legal research of F. V. Taranovsky // Business. Education. Law. 2018. No. 3 (44). P. 346–350. DOI: 10.25683/VOLBI.2018.44.328.